New Legislative Proposals for Women with Learning Disabilities and Mental Health Problems

Abstract

There are several proposed changes to the law in England and Wales that will particularly affect women with learning disabilities. The Sexual Offences Act 2003, the draft Mental Health Bill and the draft Mental Incapacity Bill all highlight the tension between state paternalism and individual autonomy. This paper uses a fictional case scenario in order to consider the practical implications of this proposed legislation, and dilemmas that may arise.